The practical applications for utility tariff bonds (UTBs) continues to expand.1 One additional use for UTBs may well be the recovery of COVID-19 pandemic costs (COVID-19 Costs) incurred by utilities. UTBs are an efficient way to finance costs over which a utility has little practical control and where the recovery of such costs would likely otherwise cause rate "shock" for customers.

While COVID-19 Costs are still being incurred and the final amounts thereof remain uncertain, it is clear that stay-at-home requirements and other business operational restrictions are likely to be affecting utility revenues (both aggregate amount and consumption by class of customer) and that such final COVID-19 Costs could be substantial and warrant recovery through UTBs.

In addition, the amount of COVID-19 Costs to be recovered through related UTBs can be effectively limited to such costs after other potential recoveries, whether through other governmental COVID-19 pandemic policy responses (for example, monetization of related net operating losses) or where the related COVID-19 Costs could have been mitigated by utility action, but were not. Of course, these and other related requirements should be included in the related authorizing legislation or the required PUC proceeding to approve the UTBs and in the financing order thereunder.

Utilities may be well advised to track COVID-19 Costs, whether for related UTBs or another means of recovery.

Footnote

1 See our other related Perspectives at:

Visit us at mayerbrown.com

Mayer Brown is a global legal services provider comprising legal practices that are separate entities (the "Mayer Brown Practices"). The Mayer Brown Practices are: Mayer Brown LLP and Mayer Brown Europe – Brussels LLP, both limited liability partnerships established in Illinois USA; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales (authorized and regulated by the Solicitors Regulation Authority and registered in England and Wales number OC 303359); Mayer Brown, a SELAS established in France; Mayer Brown JSM, a Hong Kong partnership and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2020. The Mayer Brown Practices. All rights reserved.

This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.